Question 1

The Code of Civil Procedure came into force with effect from____
A)1 january 1908
B)1 september, 1908
C)1 january 1909
D)1 september 1909

Accepted Answer

C

Question 2

Among the following in which Section the term "decree" is define-
A)section 2(1)
B)section 2(2)
C)section 2(a)
D)section 2(b)

Accepted Answer

The term "decree" is defined in Section 2(2) of the Code of Civil Procedure, 1908.

Question 3

Decree includes-
A)the rejection of a plaint
B)any adjudication from which an appeal lies as an appeal from an order
C)any order of dismissal for default.
D)none of the above

Accepted Answer

A

Question 4

Decree includes-
A)any order of dismissal for default
B)the rejection of a plaint
C)the determination of any question within section 144
D)both (b) and (c) above

Accepted Answer

The correct choices are B) the rejection of a plaint and C) the determination of any question within section 144. According to the Code of Civil Procedure, a decree can indeed include the rejection of a plaint and the determination of any question within section 144, which deals with the application for restitution.

Question 5

Order of dismissal for default is-
A)preliminary decree
B)final decree
C)partly preliminary partly final decree
D)none of the above

Accepted Answer

An order of dismissal for default is not a decree at all, whether preliminary, final, or partly both. It is an order dismissing a case due to the failure of the plaintiff to appear or to meet certain procedural requirements, and does not adjudicate the rights and liabilities of the parties as a decree does.

Question 6

Legal representative means/includes
A)person who is law represents the estate of a deceased person
B)any person who intermeddles with the estate of the deceased
C)the person on whom the estate devolves on the death of the party
D)all of the above

Accepted Answer

Legal representative encompasses all the mentioned options: a person who legally represents the estate of a deceased person, anyone who intermeddles with the estate, and the person to whom the estate passes upon the death of the owner.

Question 7

"Order" means the formal expression of any decision of a Civil Court which is not a decree-
A)section 2(2)
B)section 2(12)
C)section 2(14)
D)section 2(16)

Accepted Answer

Section 2(14) of the Civil Procedure Code defines "order" as the formal expression of any decision of a Civil Court which is not a decree.

Question 8

Foreign judgment means the judgment of a foreign Court. The term foreign judgment is defined under Section-
A)2
B)3
C)6
D)13

Accepted Answer

Section 2 of the Foreign Judgments (Reciprocal Enforcement) Act, 1958 defines "foreign judgment" as the judgment of a foreign Court.

Question 9

Every______ is appealable-
A)decree
B)order
C)both (a) and (b)
D)either (a) or (b)

Accepted Answer

Every decree is appealable, but not every order is. Orders are appealable only if they are specifically provided for under the law.

Question 10

Cause of action may be described as-
A)a bundle of essential facts necessary for the plaintiff to prove
B)an important subject of litigation
C)a point in question
D)all of the above

Accepted Answer

The answer of Cause of action may be described as-
A)a...

Question 11

Which one of the following court has original as well as appellate jurisdiction-
A)revenue court
B)district court
C)munsiffs court
D)none of the above

Accepted Answer

District courts have both original and appellate jurisdiction, meaning they can hear cases for the first time and also hear appeals from lower courts.

Question 12

No suit would lie to set aside a decree on objection as to-
A)subject matter jurisdiction of a court
B)territorial jurisdiction of a court
C)pecuniary jurisdiction of a court
D)both (b) and (c) above

Accepted Answer

A decree cannot be challenged on the grounds of territorial or pecuniary jurisdiction of a court, as these are considered waivable objections that should be raised before the trial concludes. Subject matter jurisdiction, however, is not waivable and can be a basis to challenge a decree.

Question 13

A defendant to a suit against whom no relief is claimed is called
A)co defendant
B)pro-forma defendant
C)interveners
D)none of the above

Accepted Answer

A pro-forma defendant is someone who is named in a lawsuit but against whom the plaintiff does not seek any relief. This term is used to describe parties who are legally required to be part of a lawsuit to allow the court to effectively resolve all issues related to the matter, even though no specific claim is made against them.

Question 14

Section 9 of the Code confers jurisdiction in-
A)civil matter
B)political matter
C)religion matter
D)either (a) or (b) or (c)

Accepted Answer

Section 9 of the Code typically refers to jurisdiction in civil matters, allowing courts to adjudicate civil disputes.

Question 15

Among the following which are suits of a Civil nature-
A)suit relating to rights to worship
B)suit relating to right to shares in offerings
C)suits for upholding mere dignity or honour
D)both (a) and (b) above

Accepted Answer

Suits relating to rights to worship and rights to shares in offerings are considered civil in nature because they involve the enforcement or protection of private rights.

Question 16

Among the following which are suits of civil nature-
A)suits for recovery of voluntary payments or offerings
B)suits involving principally caste questions
C)suits relating to taking out of religious processions
D)none of the above

Accepted Answer

Suits relating to taking out of religious processions are considered suits of civil nature as they involve the rights of individuals or groups to conduct religious activities, which can be adjudicated by civil courts.

Question 17

A Civil Court has jurisdiction to try a civil suit unless its cognizance is barred-
A)expressly
B)impliedly
C)either (a) or (b)
D)only (a) not (b)

Accepted Answer

A civil court has jurisdiction to try a civil suit unless its cognizance is barred either expressly or impliedly by statute. This means that a court cannot take up a case if there is a specific law that either directly (expressly) or indirectly (impliedly) prohibits it from doing so.

Question 18

Mark the incorrect statement______
A)a statute ousting jurisdiction of a court must be strictly construed
B)every court has inherent power to decide the question of its own jurisdiction
C)consent can neither confer nor take away jurisdiction of a court
D)none of the above

Accepted Answer

All the statements provided are correct regarding the principles of jurisdiction and the power of courts, hence there is no incorrect statement among the options given.

Question 19

Mark the Correct statement-
A)there is no distinction between want of jurisdiction and irregular exercise thereof.
B)every presumption should be made in favour of jurisdiction of a civil court
C)both (a) and (b) above
D)neither (a) nor (b)

Accepted Answer

The correct statement is that every presumption should be made in favour of the jurisdiction of a civil court. This principle is based on the idea that civil courts are generally presumed to have the jurisdiction to adjudicate matters unless specifically barred. This presumption ensures that disputes can be resolved and justice can be administered without unnecessary hindrance.

Question 20

Jurisdiction of a Court depends upon the___
A)averments made in a plaint
B)defence in the written statement
C)both (a) and (b) above
D)none of the above

Accepted Answer

Jurisdiction of a court is determined by the averments made in the plaint, as it is the plaintiff's claims that establish the basis for the court's authority to hear the case.

Quiz 1: Civil Procedure Code (CPC): Part A

The Code of Civil Procedure came into force with effect from____

Among the following in which Section the term "decree" is define-

Decree includes-

Decree includes-

Order of dismissal for default is-

Legal representative means/includes

"Order" means the formal expression of any decision of a Civil Court which is not a decree-

Foreign judgment means the judgment of a foreign Court. The term foreign judgment is defined under Section-

Every______ is appealable-

Cause of action may be described as-

Which one of the following court has original as well as appellate jurisdiction-

No suit would lie to set aside a decree on objection as to-

A defendant to a suit against whom no relief is claimed is called

Section 9 of the Code confers jurisdiction in-

Among the following which are suits of a Civil nature-

Among the following which are suits of civil nature-

A Civil Court has jurisdiction to try a civil suit unless its cognizance is barred-

Mark the incorrect statement______

Mark the Correct statement-

Jurisdiction of a Court depends upon the___